Unwelcome guest in basement of rental

Unwelcome guest in basement of rental

Rental Property Investor · Canfield, OH · Member since 2018 · 15 posts · 4 votes

Recently purchased a fully-rented four unit apartment building. Each unit has a storage room in the basement for tenant use. Last week I discovered one storage room being used as a bedroom by a friend of the tenant. I spoke to the tenant who said it was just that one night, she didn’t want him to drive drunk, but I’m not buying it. He has shoes neatly lined up in there and personal property, etc. I emailed her a copy of her lease highlighting guest stays and no subletting or license policy and told her use of the storage room as guest quarters or living space is grounds for termination. This was last week. I was at the unit doing maintenance today and I saw the guy there, he looked like he was going down to the basement until he saw me and went back into her apartment.

How do I go about discouraging this behavior and getting this guy to move on without having to evict the tenant? She’s actually paying the highest rent in the building and has a newborn baby, so I’m loathe to go through the whole thing so soon. Can I just call the cops and say he’s trespassing? Should I install a security camera for proof that he’s staying there? I’ll evict if I have to but I’d rather work around it.

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  • Flipper/Rehabber · Phoenix Arizona · Member since 2020 · 1k+ posts · 686 votes
    5y

    Cops just keep the peace.!

    Just talk to her and say rent is now $200 more. or what ever makes you feel that your being treated right..  Maybe $400 more.  She will either start paying you the money or he will leave.

    Work it out, most single women I know have male company .

    very common!

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    5y

    No you cant call the cops. He is not tresspassing. He is being invited there by the person who lives there.

    You need to work it out with your tenant.

  • Rental Property Investor · Canfield, OH · Member since 2018 · 15 posts · 4 votes
    5y

    @David Avery this isn’t a “male company” situation, she’s allowing someone not in the lease to occupy a space that’s not fit for habitation. Essentially letting someone live in the garage for all intents and purposes.

  • Rental Property Investor · Member since 2021 · 384 posts · 197 votes
    5y

    @Stephen C Gates I would reach out to the tenant and let them know that this is unacceptable behavior. Send them a written notice as a warning because this is clearly a violation of your lease agreement.

  • Property Manager · Nova Scotia · Member since 2021 · 78 posts · 52 votes
    5y

    @Stephen C Gates

    Great advice here so far.

    Either she is violating her lease terms.

    OR

    He is trespassing.

    So she either takes responsibility and keeps him out of there.

    OR

    He his banned from the property because he is breaking in and posing a risk to the tenants, your property and himself.

    Check with your local laws to be sure, but it should be pretty straightforward in terms of someone is doing something against the rules in your building. It’s either a tenancy violation enforceable with penalty and eviction OR it’s illegal behavior, enforceable by the appropriate authorities.

    Really sorry your dealing with this; but I think you’re within your rights to shut it down. Just “be cool” and “firm” about it 😎

  • Flipper/Rehabber · Phoenix Arizona · Member since 2020 · 1k+ posts · 686 votes
    5y

    Either she is getting something from this male friend or she is not very smart with a child!

    I thing the first!

    Hopefully you have it resolved!

  • Rental Property Investor · Centreville, VA · Member since 2019 · 1k+ posts · 799 votes
    5y

    I would draft an official notice stating that its violation of lease and can lead to termination of lease if not corrected in the next 21 days. If that doesn't work, then I would have a conversation with a lawyer and see how to deal with this situation.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Change the locks on the storage room and post a notice that she's in violation of the lease.  Tell her that use of the storage room will be removed from her lease unless that person stops using it as a bedroom as it is not meant for people to live in.  You can knock $25 off her lease as a result of removing the storage room from the lease.  Also remind her if she's in violation of the lease, she can be evicted.

  • Rental Property Investor · Canfield, OH · Member since 2018 · 15 posts · 4 votes
    4y

    UPDATE: I spoke to the tenant about it and explained how having guests use the storage room is unsafe and a violation of her lease. She confessed he had been staying there (it was her baby's father who she is no longer in a relationship with) and he wouldn't stay any longer. She has since moved out, we renovated the apartment and raised the rent and have a new tenant living there with no issues. 

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